RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01846 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was young and has waited 32 years to put in this request. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 21 Nov 79, the applicant commenced his enlistment in the Regular Air Force. On 15 Jul 81, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsuitability (apathy and defective attitude). The reasons for the action were the applicant received two Article 15s for misappropriating a government vehicle, failure to go, and wrongful use of marijuana; two Letters of Reprimand (LORs) for failure to pay or sign in at Chow Hall and failure to go to dental appointments; and three Letters of Counseling (LOCs) for reporting late for duty. The applicant acknowledged receipt of the action and waived his rights to an administrative discharge board or to submit a statement in his own behalf. On 21 Jul 81, the legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be furnished a general discharge without probation and rehabilitation. On 22 Jul 81, the discharge authority directed the applicant be furnished a general discharge without probation and rehabilitation. The applicant was so discharged on 23 Jul 81 and was credited with one year, nine months, and three days total active service. On 17 Jan 14, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit C). As of this date, no response has been received by this office. The request for post-service information was returned as undeliverable. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, in the absence of any evidence for us to consider in determining whether or not the applicant’s activities since leaving the service are sufficient to overcome the misconduct for which he was discharged, we are not inclined to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01846 in Executive Session on 27 Feb 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Apr 13. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFBCMR, dated 17 Jan 14, w/atch. Panel Chair